Edge Games boss Tim Langdell says EA's petition to have his company's trademarks canceled is a "last desperate attempt" to win the right to trademark Mirror's Edge, which is "obviously destined to fail."

Electronic Arts filed a petition earlier this month with the U.S. Patent and Trademark office, seeking to have several trademarks currently held by Edge Games declared void. The company claims it was forced into taking action after Edge Games "continuously threatened" it with lawsuits over the 2008 game Mirror's Edge, adding that many of the marks currently registered to Edge were obtained fraudulently and haven't been used in any commercial products for several years.

Langdell disputes those claims, of course, and indicated in an emailed statement that he's prepared to fight for the trademarks. The U.S. Federal Court issued a ruling in favor of Edge in September 2008, he said, finding that the company does in fact own all the U.S. trademarks it currently claims, that it did not commit fraud in any of its U.S. trademark applications and that it has used those marks in commerce within the past five years. Furthermore, he added, a "watershed event" occurred in September 2008 when EA abandoned its effort to register Mirror's Edge as a trademark; a filing on the same day to register Mirror's Edge as a "combination mark and design" is also "certain to fail."

"This petition by EA is clearly a desperate attempt by EA to see if they can win the right to use Mirror's Edge by forcibly removing Edge's legitimate rights to 'Edge'," Langdell said. "And this attempt will fail, leaving EA even more exposed than they already are by their Express Abandonment of their 2007 application. (Which stands as an acceptance of Edge's rights, else why abandon the 2007 application? If EA's 2007 application for Mirror's Edge was legitimate then why did EA actively and deliberately abandon it?)"

Claims that the trademarks held by Edge aren't in use are also false, he added, pointing to games now available for sale at the Edge Store, including Racers, the 2004 PC RPG Mythora and J2ME versions of Bobby Bearing, Pengu and Battlepods. "Clearly, Edge has not abandoned its trademark and that allegation is obviously destined to fail," he said.

"The reality here is that EA tried every legal angle they could think of to argue that their use of Mirror's Edge was not an infringement of Edge's rights in 'Edge,' 'The Edge,' and Edge's family of registered 'Edge' marks," Langdell said. "Their best hope was to try to argue that Mirror's Edge is distinct from 'Edge' because of the addition of the word 'Mirror's,' but in September 2008 - two months before they launched the game - the US Trademark Office said they disagreed with EA and decided that Mirror's Edge does infringe on Edge's mark 'Edge'."

"Once EA lost the argument that Mirror's Edge is not distinct from 'Edge' their only hope was to try to argue that Edge 'does not really own' its nearly 30-year-old trademarks," he continued. "Hence this last desperate attempt by EA via this petition (which is nauseatingly and disingenuously styled as being done on behalf of the game developer community, clearly in the hope that developers and game press will state things that EA can then try to use to its benefit in the petition hearing). EA has no hope of winning this petition; all this petition does is put off a final definitive decision on the matter for perhaps a further year so that EA can argue that this matter should not impact it financially."

As a final note, Langdell claimed that Edge hasn't "repeatedly" threatened EA with litigation at all and has actually spent the past year attempting to negotiate an amicable settlement on the use of the trademark. "Edge would not have been so foolish as to threaten EA with a lawsuit while negotiating a settlement," he said. "EA recently broke off settlement talks without explaining to Edge why it had done so. Edge naturally is now suspicious the settlement talks were in bad faith and merely a pretense in order to play for time."

(Documents referenced by Langdell are available at the U.S. Patent and Trade Office website, specifically the Notice of Abandonment dated September 9, 2009, and the Suspension Letter dated September 18, 2009.)

Also, just because things ruled in his favor previously doesn't mean they will continue to do so. If enough doubt is raised as to the validity of the law, the lawmakers can change the law to more closely match what is felt to be just and fair. Basically, that means that the giant wads of cash EA has at it's disposal should be adequate in allowing for the ability of law makers in determining what is fair.

Malygris:Hence this last desperate attempt by EA via this petition (which is nauseatingly and disingenuously styled as being done on behalf of the game developer community, clearly in the hope that developers and game press will state things that EA can then try to use to its benefit in the petition hearing).

Of course it's on behalf of the community, because everyone wants to see EA take him down.How does this guy not get that everyone hates him?!

I'd like to read, or have a lawyer translate the talk, this trademark and what it covers. There are many instances in the English language and culture that use the word Edge. Since we are on the train already why don't we sue ever company that makes dictionaries, they are selling the word Edge for people to read about. Pretty sure Encyclopedias will mention it alot, probably ever magazine has had it in it.

Langdell should really let them have this, he will spend and money he will get out of this on his lawyers and attorneys. He probably will win, and some losers out there, such as Langdell himself, will consider this a "victory against trademark infringement"($5 says that will be in the release if they win) I bet his mother would be ashamed of how much an idiotic time waster he has been. This is turning into and open invitation for all morons to copyright some common word than hold up companies from making anything worthwhile. Frankly Langdell can go to hell, I'll drop him off.

Come on EA. You are a multi million dollar company. Just get some one to shoot the fucker in the back of the head. You will be doing us all a favour.Seriously though, trademarking a common use word is bullshit. Someone could get majorly rich by just going through a dictionary and trademarking everything.

You're not singing, you're not singing, you're not singing anymore...anymore...you're not singing anymore

If anyone needs that explaining, I'll be happy to do so later. :)

Heh, I got the slightly more obscure You'll neeeeeeeeeeever waaaaaaaaaaaaaaaaalk! NEVER WALK! You'll neeeeeeeeeeeeeeeeeeeever waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaalk again! in my head, but the same rules apply :)

Jindrak:Congratulations on making EA the good guy, Langdell, I never thought it could be done.

now we just gotta watch for flaming rocks and Giant Hosemen falling from the sky.im gonna watch and see what happens to Langdell and EA but, im close to just shutting the computer off and going to bed, never to get up again.

whaleswiththumbs:I bet his mother would be ashamed of how much an idiotic time waster he has been.

It all depends on what his mother is like. My mother would be proud of me if I was a success regardless of what I choose to do. Langdell has obviously been able to make a comfy living off of his acts up until now or else he wouldn't be doing it.

I'd be willing to bet his mother is only ashamed because of the stupid decisions he has made lately. He could still be doing this if he hadn't fought mobigames so defiantly just so he could get their monthly check in his mail. He might never have lost what little respect he had previously and he most certainly wouldn't have become an internationally hated celebrity if he had just dropped it before it got too heated.

Hmm, on one side, we have corporate giant EA, worth around $4 billion USD, employing around 7,900 people, and routinely putting out games that sell rather well (for arguments sake, quality isn't an issue here).

On the other side, we have EDGE Games, a privately traded company whom it is damn near impossible to find anything on and hasn't released an actual game since 1994.